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(영문) 대구지방법원 2014.01.15 2013고정2012
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 2010, the Defendant made a false statement to the victim C in Daegu-gu, Seoul-gu, stating that “I will use a bank credit card if I lend the credit card to the victim, and will pay the credit card price later.”

However, there was no property owned by the Defendant, and there was no certain income, so even if the card was used by the victim, there was no intention or ability to pay the card price.

The defendant did not pay 7.3 million won of the card price even though he used the credit card with the credit card from the victim on his job.

Accordingly, the defendant, by deceiving the victim, acquired 7,300,000 won pecuniary benefits.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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